A 64-year-old man, who has been serving three life sentences for child predation, experienced an unexpected turn of events after he was granted parole under California’s Elderly Parole Program. He was set to be released this week.
However, the county district attorney’s office intervened by issuing a warrant for the arrest of David Allen Funston for another alleged crime committed three decades ago. This now places him back in custody at a different prison.
The California Department of Corrections and Rehabilitation (CDCR) confirmed that Funston was transferred to the Placer County Jail following this new warrant, despite being granted parole for earlier offenses on Tuesday and due to be released soon.
Interestingly, Funston hasn’t yet hit Social Security’s retirement age of 65. California considers inmates “elderly” starting at just 50—quite a jump from federal standards.
Funston was convicted in 1999 for kidnapping and molesting several children, resulting in multiple life sentences. Yet, under California’s Elderly Parole Program, he qualified for parole and was poised for release.
This program allows inmates to be eligible for release after turning 50 and serving a minimum of 20 consecutive years behind bars.
Nonetheless, Funston faces renewed scrutiny due to charges from a 1996 incident involving the kidnapping and sexual abuse of a child in Roseville—a case that apparently never went to trial.
The Placer County District Attorney’s Office has refiled charges related to this incident, as it still falls within the state’s statute of limitations.
Anne Marie Schubert, a former Sacramento District Attorney who played a key role in bringing Funston to justice over two decades ago, expressed her relief at the intervention that halted his potential release. She also criticized Governor Gavin Newsom and his controversial parole law.
“Kudos to the Placer County Attorney’s Office for pursuing charges against this serial child predator,” Schubert shared on social media. “Let’s not forget, Governor @CA made this possible. But thankfully, the Placer County team stepped in to prevent this from happening.”
Current law enforcement officials in Sacramento regard Funston as a continuing threat to community safety.
The California Republican Party Chairman, Colin Rankin, also expressed discontent with Governor Newsom. He remarked that the warrant, issued at the last minute, doesn’t address larger issues within the system.
“This approach merely highlights the problem. California Democrats, under Newsom’s leadership, seem willing to reintegrate violent child predators into communities,” Rankin stated. “The legislation allowing these loopholes was signed by Newsom himself, while the Democratic majority prioritizes criminals’ comforts over victims’ rights.”
Reportedly, Funston conveyed to the parole board that he felt “disgusted and ashamed” of his actions and regretted the pain he caused.
One victim, identified only as Amelia, shared her shock over the parole board’s decision during a recent interview, noting the absurdity of 50 being classified as “elderly” these days.
“I’m just tired that they take his words at face value,” she remarked. “It’s hard to believe someone can truly change.”
Amelia added that Funston’s abuse remains a lasting trauma in her life, influencing her struggles with conceiving.
“I want to start a family, and he has taken that possibility from me. It’s extremely painful,” she stated. “I carry this trauma. Trust is hard; it feels impossible sometimes.”
